3. Delivery Time
a) The agreed delivery time starts with the undisputed or confirmed confirmation of the order.
b) If relevant, the delivery time is extended by the time taken for the customer to supply all details and documents necessary for fulfilling the order.
c) The delivery time will be extended by the length of any delays to delivery caused by legal or official regulations (e.g. import and export restrictions) and for which we are not responsible. In important cases we shall inform the customer immediately of their start and finish dates.
d) In the event of late delivery, in cases of slight negligence our liability for compensation is limited to the foreseeable damage. Further claims for compensation will only be considered if the delay is due to a deliberate act or gross negligence.

4. Delivery, Shipping, Transfer Of Risks
a) Partial deliveries by us are permissible insofar as it is reasonable for the customer to accept them.
b) We retain the right to select the method of shipment and the company instructed at our own judgement unless the customer gives us specific instructions.
c) The risk is transferred to the customer as soon as the goods have been handed to the customer by the delivery company. The customer must inform the delivery company or carrier immediately of any obvious or possible damage discovered and must then inform trinloc shop giving details of the damage or what is missing. If the customer does not comply with the terms of the agreement we reserve the right to require that the goods are returned. There is no right to cancel the agreement on return or distraint of the goods subject to retention.

5. Right Of Withdrawal From Distance Selling Agreements
a) Under the Distance Selling Act (FernAbsG) the buyer has a right to a cooling off period. The Distance Selling Act gives him the right to withdraw from the agreement within one week of receipt of the goods without giving any reason. The withdrawal may be notified in writing or by returning the goods; the time is considered kept by dispatch at the right time to:
trinloc shop
trinloc gmbh
Maarweg 30-32
53619 Rheinbreitbach
b) When making use of the right of return, the customer must pay return carriage of all orders up to a value of Euro 159.-.
c) There is no right of return of: CDs, DVDs, CD-ROMs, software, software licences and videos, if the customer has broken the seal. There is also no right of return of bespoke goods built to the customers specifications.

6. Return Under Goodwill / Refusal Of Acceptance
a) After expiry of the one week cooling off period or for buyers who are not users under the terms of the FernAbsG goods can only be returned if the supply is shown to be incorrect. In the case of exchange, return or credit for reasons that are not the responsibility of trinloc shop, they will only be transacted after written confirmation by the seller. The basic requirement for this is the suitability of the goods and their re-sellable condition. The sum to be credited is calculated from the expected selling price at the time of receipt less a cancellation / administration fee of 10% of the invoiced sum.
b) Should a customer, who is not an end user for the purposes of the FernAbsG, not accept the goods, we are entitled either to require acceptance of the goods or to invoice 10% of the purchase price as a lump sum for damages and costs, unless the customer can show that no cost has been incurred or that it is of a lower amount. In the event of unusually high costs we reserve the right to claim for these. For the duration of the period during which the customer does not accept the goods trinloc shop may store the goods at the customers risk on their own premises, with a shipping company or with a storage company. For the entire period during which the customer does not accept the goods the buyer must pay trinloc shop a monthly fee of EUR 30.- for storage costs, without any obligation to provide evidence of incurred cost. The lump sum may be reduced by any amount the customer can prove that no costs or damage were incurred. In the event of unusually high storage costs we reserve the right to claim for these.

7. Retention Of Title
a) We retain ownership of the goods until all payments due from the sales agreement have been made, including additional charges (e.g. bill of exchange fees, financing costs, interest, etc.).
b) In the event of distrait or other actions by third parties the customer must inform us immediately.
c) If the goods are processed or redesigned by the customer it is always on our behalf. If the goods are processed with goods that do not belong to us, we become part owners of the new product on a pro rata basis of the goods to the other items being processed at the time they are processed.
d) The customer may sell the goods on as part of proper business. All rights of claims towards his purchaser or third parties from the sale of the goods are ceded to us to the value of the final bill amount.

8. Guarantee / Exclusion Of Liability
a) For sales agreements made after 01/12/2001, that the goods supplied are fault free in terms of the current state of the art for 24 months from the date of delivery. Any liability for fair wear and tear is excluded. The guarantee period for used goods is 12 months.
b) We do not accept any guarantee for faults or damage caused by improper use, nod-adherence to users instructions or faulty or careless treatment. This applies especially to operating with an incorrect type of power supply or voltage or connection to unsuitable sources of power. The same applies to faults and damage caused by fire, lightning strike, explosion or network power surges, any kind of damp, incorrect or faulty program software and/or processing data unless the purchaser can prove that these are not the cause of the faults.
c) The guarantee becomes invalid if the customer opens or undertakes repairs on equipment or allows somebody to do so unless authorised by trinloc shop, insofar as the damage is caused by this.
d) Obvious faults must be reported in writing immediately, at the latest ten working days after receipt of the delivery; otherwise claims for faults are invalid. Commercial transactions are additionally subject to §§ 377 & 387 of the German Commercial Code, HGB.
e) If the goods are faulty we may have the fault rectified or pay recompense, at our discretion. In order to avoid loss of data resulting from repairs or faulty goods we recommend frequent backing up of data, since we cannot accept any liability for consequential losses caused by such faults. This exclusion of liability does not apply if the faults result from intent or gross negligence.
f) If we are not prepared to or are unable to supply an alternative, or if at least one repair has been unsatisfactory, or if it is unreasonable for the customer to accept a replacement or repair, the customer has the right to cancel the agreement (annulment) or require a reduction of the purchase price.
g) Unless explicitly agreed otherwise, further claims by the customer are excluded - irrespective of the legal grounds. We are therefore not liable for damage not incurred directly to the goods; in particular we are not liable for lost profit or other financial losses suffered by the customer. The above limits to liability do not apply if the loss is caused by intent, gross negligence or absence of a warranted characteristic, breach of contractual obligations, delay in supply, impossibility or claims under §§ 1 & 4 of the Product Liability Act (Produkthaftungsgesetz). We are not liable for the reconstruction of data unless the loss was caused by intent or gross negligence and the buyer has ensured that the data was secured, so that the data can be reconstructed with reasonable effort.
h) To make a claim under guarantee please see the notes in our current return and servicing information included with every consignment.

9. Withdrawal In The Event Of Worsening Financial Situation
We may cancel the agreement if payment is stopped, or if bankruptcy or legal composition proceedings, refusal of bankruptcy due to lack of assets, unpaid bills of exchange or cheques or other concrete evidence of a worsening of the buyers financial situation becomes known to us.

10. Software, Literature
In addition to our conditions, software is subject to the special licence and other conditions of the manufacturer. By accepting software the buyer expressly accepts their application.

11. Use Of Customer Data
We may make use of all data relating to the business relationship with the buyer in accordance with the Federal Data Protection Act (Bundesdatenschutzgesetz).

12. Export Licence
Any permits for exporting the goods required from the Federal Office for Commerce in Eschborn/Taunus must be obtained by the buyer in his own name and at his own expense. The refusal of such an export licence does not permit the buyer to cancel the agreement.

13. Place Of Jurisdiction, Partial Ineffectualness, Applicable Law
a) In transactions with commercial businesses which are not classed as traders under § 4 of the German Commercial Code (HGB) and with legal persons that are statutory bodies, the place of jurisdiction for any legal proceedings arising from the agreement, including for payment of bills of exchange and cheques, is agreed as 53639 Koenigswinter; we also have the right to commence legal proceedings at the buyers place of business.
b) In the event of any individual conditions of the sales agreement or these general terms of business being ineffectual, the remaining conditions still apply. For transborder supplies German Law applies.

trinloc gmbh
Maarweg 30-32
53619 Rheinbreitbach

Tel. 0 22 24 - 9 81 81 83
Fax: 0 22 24 - 9 81 81 85
E-Mail: info@trinloc.de